social security

[TAX4US]

To my friends that know social security laws. Question is if TP receives ss$ for himself (age 63) and the kids being under 18, in school, and dependent on TP's return and TP earns more than the allowance. I realize TP may have to pay back SS. Does TP have to also pay back what the kids got?

[Kram BergGold]

Yes

I have a book on SS and Med care. Under Reduced and non payment situations it says "a child's benefits are not payable or are only partly payable when the parent's benefits are not payable because the parent is under 70. works and earns more than the exempt amount.

[kathyc2]

To my friends that know social security laws. Question is if TP receives ss$ for himself (age 63) and the kids being under 18, in school, and dependent on TP's return and TP earns more than the allowance. I realize TP may have to pay back SS. Does TP have to also pay back what the kids got?

It would depend on the reason the children are receiving benefits. If due to death or disability of parent, no. If payable solely due to parent receiving SS, then the benefits are reduced.

[Rapid Robert]

I have a book on SS and Med care. Under Reduced and non payment situations it says "a child's benefits are not payable or are only partly payable when the parent's benefits are not payable because the parent is under 70. works and earns more than the exempt amount.

How old is that material? The reduction in benefits only applies if under FRA (full retirement age), not age 70. After FRA, earned income is no longer a factor. I think it used to be age 70 many years ago.

[TAXNJ]

Missing info.....

see what kathyc2 replied because it depends on more facts (e.g., why are the children receiving benefits?) then you posted. Also, there are many posts covering Social Security issues on this site and can be found by doing a search.

[taxea]

any way you look at it the payments to the kids go on the kids returns not on the parents.

[TAXNJ]

any way you look at it the payments to the kids go on the kids returns not on the parents.

That is why a "search" on this site covered many posts with many good reply posts related to this same issue. You might have been a contributor.

[TAX4US]

Thanks everybody. I will do more research. The situation as I recall was that TP is 63 started drawing SS has 3 kids under 18 in school and has to pay back to ss. Made to much $. Question is do the kids have to pay back some of theirs?

[Lion]

You might want to research on the SSA website. A quick look seems to limit a child's benefit to half of the parent's full-retirement benefit. But, your client began drawing benefits early. Don't know if that means that the child's benefit is reduced if parent's is reduced and then reduced again if parent must pay back. Parent could visit his local SS office to get the details for his specific family situation. Or, if parent has established an account on the SSA website, he can log in to get the amounts.

[Rapid Robert]

You might want to research on the SS website...

... or just go back and read the answer you already got from kathyc2 in post #4 (hybrid view).

[kathyc2]

Thanks everybody. I will do more research. The situation as I recall was that TP is 63 started drawing SS has 3 kids under 18 in school and has to pay back to ss. Made to much $. Question is do the kids have to pay back some of theirs?

The question has already been answered. If the reason kids are receiving benefits is solely due to early retirement of parent, yes they need to be paid back. FYI, paid back doesn't mean a check is written back to SSA for overpayment, but rather that after SSA knows of over-payment of benefits due to higher earnings, benefits will not be paid out until the account is back in balance.

If you want the actual text, it is here: https://www.ssa.gov/OP_Home%2Fhandbo...book-1804.html

[TAXNJ]

Thanks everybody. I will do more research. The situation as I recall was that TP is 63 started drawing SS has 3 kids under 18 in school and has to pay back to ss. Made to much $. Question is do the kids have to pay back some of theirs?

Save time... Have client go to the local Social Security office to address this issue